Enforcement of REACH in the UK

Richard HawkinsEnvironment Agency

UK REACH Competent Authority

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• Chemical Assessment Unit – Wallingford

• Chemical Restrictions Compliance Team – Sheffield

Environment Agency - role within the REACH CA

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Enforcement of REACH in the UK

“The Government’s aim is that REACH should be effectively enforced, but in ways which minimise

the burden of checking compliance for both businesses and for public authorities”

(First Defra consultation document)

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• regime in place by 1 December 2008• ‘effective, proportionate and dissuasive’

penalties for non-compliance• reporting back to the Commission• ‘the Forum’

REACH requirements as regards enforcement

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First Defra consultation Spring 2007

‘Best fit’ approach, based on current:– legislation– enforcing bodies; and their– responsibilities

Second Defra consultation Summer 2008http://www.defra.gov.uk/corporate/consult/reach-enforce/index.htm

Statutory instrument to be in place by 1 Dec 2008

Developing an enforcement regime

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Role of:• HM Revenue & Customs (imports)• Home Office (animal testing)• European Chemicals Agency … ?

… & civil liability aspects.

Other enforcing authorities

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• Co-ordination across the European Union

- the Forum

- reporting back to the Commission• Co-ordination in the UK:

- Memorandum of Understanding

- Enforcement Liaison Group

“level playing field”

Co-ordination of enforcement

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• Powers: similar to those under existing health & safety, environment, and consumer protection legislation

• Offences: failure to comply with a duty under REACH will be a criminal offence

• Penalties: ‘effective, proportionate and dissuasive’

Powers, offences and penalties

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• education, help and promotion = increased levels of compliance

• range of interventions (proactive and reactive) backed up by formal enforcement where appropriate

• focus on enforcement of those duties in REACH needed to ensure the Regulation operates effectively

Enforcement strategy

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•Protective of human health & environment whilst limiting burden on industry.•Risk-based, targeted.•Regulatory action only when necessary.•In line with Cabinet Office guidelines.•Similar model proposed for Marketing and Use Regulations.

Enforcement - Approach

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Enforcement - Approach

Determine Substance

Gather Intelligence

Make Information Available

Seek Engagement

Assess Compliance

Follow up Inspections

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Enforcement where REACH and other legislation governing the use of chemicals applies:

REACH and existing legislation

• REACH applies ‘without prejudice’ to existing Community workplace and environmental protection legislation

• Where standards differ, compliance must be achieved with the more stringent (not either/or)

• Examples – COSHH, PPC etc

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Second consultation underway now:

Have your say …

• Do you have any comments relating to the proposed enforcing authorities?

• Do you believe that all appropriate REACH provisions have been included for enforcement in the UK?

• Do you agree with the proposed powers and penalties?

• Do you agree with the arrangements as set out in the Memorandum of Understanding?

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The contact details for the UK CA Helpdesk are:• Telephone: 0845 408 9575• E-mail: UKREACHCA@hse.gsi.gov.uk • Post: UK REACH CA Helpdesk

2.3 Redgrave Court, Bootle

Merseyside, L20 7HS• Free e-bulletin service also available

www.hse.gov.uk/reach

Helpdesk

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The contact details for the Environment Agency –

Chemicals Restrictions Compliance Team are:

• E-mail:

• chemicalrestrictions@environment-agency.gov.uk

Helpdesk